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WITHHOLDING A CHILD
“We had such a positive experience with Michael Lynch Family Law and we highly recommend their services. Meticulous attention to detail, attended quickly to every additional request we made, and made sure we always knew exactly where we were every step of the way. SETTING ASIDE A BINDING CHILD SUPPORT AGREEMENT The court enforced the binding child support agreement and ordered that the father repay the arrears owing to the mother. If you need help navigating child support payments, contact Michael Lynch Family Lawyers for expert, personalised legal advice by calling (07) CONSENTING ‘WITHOUT ADMISSION’ 6 July 2020. Agreeing to a Domestic Violence Order (DVO) being made ‘without admission’ is often considered the quickest and easiest solution when faced with a domestic violence application, especially in circumstances where the respondent does not wish to defend the action and agreeing to the order will not affect their livelihood (e.g WHAT HAPPENS TO SUPER IN A PROPERTY SETTLEMENT? Potentially, the superannuation policy can be “split” in any percentage (it does not have to be 50/50). A split does not mean a payout of the policy, rather it is a “rollover” of an interest. A fund of less than $5,000 cannot be split. Relevant factors for considering if a split should occur, include: WHEN DOES THE PAYMENT OF CHILD SUPPORT END? The child turns 18 years. There is scope for the child support assessment to continue until the end of the school year during which the child turns 18, or if there is a need to provide for a child with an intellectual or physical disability, however for this, the parent must apply before the child’s 18th birthday; If the other parentchooses
HOW IS PROPERTY DIVIDED IN A SHORT MARRIAGE? The shorter the length of a marriage, the closer the examination of the parties’ relevant ‘financial contributions’ in a property settlement will be, particularly if there are no children involved. The court will specifically look at significant initial contributions, as well as financial contributions during the marriage, when deciding the property division. In a situation where PROPERTY SETTLEMENT TIME LIMITS Amy, thanks very much to you and your team. Throughout my dealings with MLFL I have been continually impressed with your level of professionalism and, in particular, your understanding of circumstances and the articulate way you conduct yourself. TAX CONSEQUENCES OF PRIVATE COMPANY PAYMENTS AND ASSET Tax consequences of private company payments and asset transfers. 25 June 2019. Many separating couples operate businesses through a variety of different corporate and trust structures for tax minimisation purposes. Such structures can complicate property settlements if certain tax costs are not identified and taken into account at the time of WHAT IS AN INITIAL CONTRIBUTION WORTH IN A LONG MARRIAGE What is an initial contribution worth in a long marriage? 16 January 2017. Generally, less percentage weight is given to property that spouses had at the commencement of their relationship, the longer their relationship continues. So that, even if parties held significant property at the commence of their relationship, or thatproperty provided
BRISBANE’S LEADING FAMILY LAW EXPERTS Michael Lynch Family Lawyers are Brisbane’s family law specialists and provide a range of family law services to help you achieve the best outcome for your children’s wellbeing and welfare. Our family law specialists can assist with all legal matters concerning the welfare of a child, including child custody, adoption, adult childWITHHOLDING A CHILD
“We had such a positive experience with Michael Lynch Family Law and we highly recommend their services. Meticulous attention to detail, attended quickly to every additional request we made, and made sure we always knew exactly where we were every step of the way. SETTING ASIDE A BINDING CHILD SUPPORT AGREEMENT The court enforced the binding child support agreement and ordered that the father repay the arrears owing to the mother. If you need help navigating child support payments, contact Michael Lynch Family Lawyers for expert, personalised legal advice by calling (07) CONSENTING ‘WITHOUT ADMISSION’ 6 July 2020. Agreeing to a Domestic Violence Order (DVO) being made ‘without admission’ is often considered the quickest and easiest solution when faced with a domestic violence application, especially in circumstances where the respondent does not wish to defend the action and agreeing to the order will not affect their livelihood (e.g WHAT HAPPENS TO SUPER IN A PROPERTY SETTLEMENT? Potentially, the superannuation policy can be “split” in any percentage (it does not have to be 50/50). A split does not mean a payout of the policy, rather it is a “rollover” of an interest. A fund of less than $5,000 cannot be split. Relevant factors for considering if a split should occur, include: WHEN DOES THE PAYMENT OF CHILD SUPPORT END? The child turns 18 years. There is scope for the child support assessment to continue until the end of the school year during which the child turns 18, or if there is a need to provide for a child with an intellectual or physical disability, however for this, the parent must apply before the child’s 18th birthday; If the other parentchooses
HOW IS PROPERTY DIVIDED IN A SHORT MARRIAGE? The shorter the length of a marriage, the closer the examination of the parties’ relevant ‘financial contributions’ in a property settlement will be, particularly if there are no children involved. The court will specifically look at significant initial contributions, as well as financial contributions during the marriage, when deciding the property division. In a situation where PROPERTY SETTLEMENT TIME LIMITS Amy, thanks very much to you and your team. Throughout my dealings with MLFL I have been continually impressed with your level of professionalism and, in particular, your understanding of circumstances and the articulate way you conduct yourself. TAX CONSEQUENCES OF PRIVATE COMPANY PAYMENTS AND ASSET Tax consequences of private company payments and asset transfers. 25 June 2019. Many separating couples operate businesses through a variety of different corporate and trust structures for tax minimisation purposes. Such structures can complicate property settlements if certain tax costs are not identified and taken into account at the time of WHAT IS AN INITIAL CONTRIBUTION WORTH IN A LONG MARRIAGE What is an initial contribution worth in a long marriage? 16 January 2017. Generally, less percentage weight is given to property that spouses had at the commencement of their relationship, the longer their relationship continues. So that, even if parties held significant property at the commence of their relationship, or thatproperty provided
BRISBANE’S LEADING FAMILY LAW EXPERTS Michael Lynch Family Lawyers are Brisbane’s family law specialists and provide a range of family law services to help you achieve the best outcome for your children’s wellbeing and welfare. Our family law specialists can assist with all legal matters concerning the welfare of a child, including child custody, adoption, adult child CONSENTING ‘WITHOUT ADMISSION’ Agreeing to a Domestic Violence Order (DVO) being made ‘without admission’ is often considered the quickest and easiest solution when faced with a domestic violence application, especially in circumstances where the respondent does not wish to defend the action and agreeing to the order will not affect their livelihood (e.g. they don’t require a “weapons licence”) or otherwise impact HOW REDUNDANCY CAN AFFECT CHILD SUPPORT PAYMENTS Redundancy payments are a relevant component when estimating income for the purpose of a child support assessment, and, depending on the circumstances of the case, a redundancy payment can significantly affect the amount of child support payable. If you need help with child support, or any other family law matter, please contact MichaelLynch
CHILD MAINTENANCE TRUSTS Child Maintenance Trusts. The Australian Tax legislation provides that a Child Support Trust can be established following a family breakdown. A family breakdown is defined as including legal obligations arising not only from the breakdown of live-in relationships but also where parentage has occurred outside of such a relationship. WHAT AM I ENTITLED TO IN A DIVORCE IN AUSTRALIA? Stage 1: Identify and Value Assets. All the parties’ property is included in the property pool. This can include houses, units, superannuation, businesses, bank accounts, furniture, motor vehicles, etc. A value must be given to all assets. The court does not automatically sell everything. WHEN DOES THE PAYMENT OF CHILD SUPPORT END? The child turns 18 years. There is scope for the child support assessment to continue until the end of the school year during which the child turns 18, or if there is a need to provide for a child with an intellectual or physical disability, however for this, the parent must apply before the child’s 18th birthday; If the other parentchooses
THE TREATMENT OF PERSONAL INJURY AWARDS IN FAMILY LAW Property Settlements are difficult to calculate at the best of times, but what happens when one spouse has received a large personal injury payment? There is not only the financial contribution to consider, but also the impact on the family with additional care requirements and stresses. Getting started: Under the Family Law Act there is no PROPERTY SETTLEMENT TIME LIMITS Amy, thanks very much to you and your team. Throughout my dealings with MLFL I have been continually impressed with your level of professionalism and, in particular, your understanding of circumstances and the articulate way you conduct yourself. TAX CONSEQUENCES OF PRIVATE COMPANY PAYMENTS AND ASSET Tax consequences of private company payments and asset transfers. 25 June 2019. Many separating couples operate businesses through a variety of different corporate and trust structures for tax minimisation purposes. Such structures can complicate property settlements if certain tax costs are not identified and taken into account at the time of CAN A FATHER TAKE A CHILD AWAY FROM A MOTHER? The father responded with an urgent interim application seeking that the court reverse the child’s primary residence, so that she live with him. The Independent Children’s Lawyer (ICL) in the matter agreed that the child should live with the father. This is due to BRISBANE’S LEADING FAMILY LAW EXPERTS Michael Lynch Family Lawyers are Brisbane’s family law specialists and provide a range of family law services to help you achieve the best outcome for your children’s wellbeing and welfare. Our family law specialists can assist with all legal matters concerning the welfare of a child, including child custody, adoption, adult child QUICK GUIDE TO FAMILY COURT PROCEDURES I MICHAEL LYNCH Court Procedures. If you’re going through a difficult family matter, whether a divorce, separation or child custody matter, obtaining advice from a specialist family law lawyer is vital. The earlier you make contact with a family law firm, the better.WITHHOLDING A CHILD
“We had such a positive experience with Michael Lynch Family Law and we highly recommend their services. Meticulous attention to detail, attended quickly to every additional request we made, and made sure we always knew exactly where we were every step of the way. WHAT HAPPENS TO SUPER IN A PROPERTY SETTLEMENT? Potentially, the superannuation policy can be “split” in any percentage (it does not have to be 50/50). A split does not mean a payout of the policy, rather it is a “rollover” of an interest. A fund of less than $5,000 cannot be split. Relevant factors for considering if a split should occur, include: HOW IS PROPERTY DIVIDED IN A SHORT MARRIAGE? The shorter the length of a marriage, the closer the examination of the parties’ relevant ‘financial contributions’ in a property settlement will be, particularly if there are no children involved. The court will specifically look at significant initial contributions, as well as financial contributions during the marriage, when deciding the property division. In a situation where HOW REDUNDANCY CAN AFFECT CHILD SUPPORT PAYMENTS Redundancy payments are a relevant component when estimating income for the purpose of a child support assessment, and, depending on the circumstances of the case, a redundancy payment can significantly affect the amount of child support payable. If you need help with child support, or any other family law matter, please contact MichaelLynch
WHAT IS A VEXATIOUS LITIGANT? Vexatious litigant defined. Vexatious litigant is someone who persistently begins legal actions but doesn’t have sufficient grounds for doing so. In Family Law proceedings, the impact that a vexatious litigant has on the individual who is the victim of their conduct can be significant. In many cases, the result is often thatthe party with
WHEN DOES THE PAYMENT OF CHILD SUPPORT END? The child turns 18 years. There is scope for the child support assessment to continue until the end of the school year during which the child turns 18, or if there is a need to provide for a child with an intellectual or physical disability, however for this, the parent must apply before the child’s 18th birthday; If the other parentchooses
AMY HONAN - MICHAEL LYNCH FAMILY LAWYERS Amy Honan has practiced exclusively in family and de facto relationship law since 2006. Amy has extensive experience in children’s and financial matters. Also, she has represented clients at Case Assessment Conferences, Conciliation Conferences, Interim Hearings, private mediations and settlement negotiations as well asvarious Court
HIGH CONFLICT IN PARENTING CASES High conflict in parenting cases. 19 May 2015. In any parenting case, the “best interests” of the children are the “paramount consideration” for the Court. That means that who the children “live with”, how much “time they spend” with the other parent,and
BRISBANE’S LEADING FAMILY LAW EXPERTS Michael Lynch Family Lawyers are Brisbane’s family law specialists and provide a range of family law services to help you achieve the best outcome for your children’s wellbeing and welfare. Our family law specialists can assist with all legal matters concerning the welfare of a child, including child custody, adoption, adult child QUICK GUIDE TO FAMILY COURT PROCEDURES I MICHAEL LYNCH Court Procedures. If you’re going through a difficult family matter, whether a divorce, separation or child custody matter, obtaining advice from a specialist family law lawyer is vital. The earlier you make contact with a family law firm, the better.WITHHOLDING A CHILD
“We had such a positive experience with Michael Lynch Family Law and we highly recommend their services. Meticulous attention to detail, attended quickly to every additional request we made, and made sure we always knew exactly where we were every step of the way. WHAT HAPPENS TO SUPER IN A PROPERTY SETTLEMENT? Potentially, the superannuation policy can be “split” in any percentage (it does not have to be 50/50). A split does not mean a payout of the policy, rather it is a “rollover” of an interest. A fund of less than $5,000 cannot be split. Relevant factors for considering if a split should occur, include: HOW IS PROPERTY DIVIDED IN A SHORT MARRIAGE? The shorter the length of a marriage, the closer the examination of the parties’ relevant ‘financial contributions’ in a property settlement will be, particularly if there are no children involved. The court will specifically look at significant initial contributions, as well as financial contributions during the marriage, when deciding the property division. In a situation where HOW REDUNDANCY CAN AFFECT CHILD SUPPORT PAYMENTS Redundancy payments are a relevant component when estimating income for the purpose of a child support assessment, and, depending on the circumstances of the case, a redundancy payment can significantly affect the amount of child support payable. If you need help with child support, or any other family law matter, please contact MichaelLynch
WHAT IS A VEXATIOUS LITIGANT? Vexatious litigant defined. Vexatious litigant is someone who persistently begins legal actions but doesn’t have sufficient grounds for doing so. In Family Law proceedings, the impact that a vexatious litigant has on the individual who is the victim of their conduct can be significant. In many cases, the result is often thatthe party with
WHEN DOES THE PAYMENT OF CHILD SUPPORT END? The child turns 18 years. There is scope for the child support assessment to continue until the end of the school year during which the child turns 18, or if there is a need to provide for a child with an intellectual or physical disability, however for this, the parent must apply before the child’s 18th birthday; If the other parentchooses
AMY HONAN - MICHAEL LYNCH FAMILY LAWYERS Amy Honan has practiced exclusively in family and de facto relationship law since 2006. Amy has extensive experience in children’s and financial matters. Also, she has represented clients at Case Assessment Conferences, Conciliation Conferences, Interim Hearings, private mediations and settlement negotiations as well asvarious Court
HIGH CONFLICT IN PARENTING CASES High conflict in parenting cases. 19 May 2015. In any parenting case, the “best interests” of the children are the “paramount consideration” for the Court. That means that who the children “live with”, how much “time they spend” with the other parent,and
MY CHILD HAS AN INCOME My child has an income – does that affect child support payments? 29 March 2021. The Child Support Agency (‘Services Australia’) is responsible for the assessment, collection and transfer of child support payments. A formula is used to calculate the amount to be paid but it doesn’t take in to account income the child receives. QUICK GUIDE TO FAMILY COURT PROCEDURES I MICHAEL LYNCH Court Procedures. If you’re going through a difficult family matter, whether a divorce, separation or child custody matter, obtaining advice from a specialist family law lawyer is vital. The earlier you make contact with a family law firm, the better. CONSENTING ‘WITHOUT ADMISSION’ 6 July 2020. Agreeing to a Domestic Violence Order (DVO) being made ‘without admission’ is often considered the quickest and easiest solution when faced with a domestic violence application, especially in circumstances where the respondent does not wish to defend the action and agreeing to the order will not affect their livelihood (e.g HOW REDUNDANCY CAN AFFECT CHILD SUPPORT PAYMENTS Redundancy payments are a relevant component when estimating income for the purpose of a child support assessment, and, depending on the circumstances of the case, a redundancy payment can significantly affect the amount of child support payable. If you need help with child support, or any other family law matter, please contact MichaelLynch
SETTING ASIDE A BINDING CHILD SUPPORT AGREEMENT The court enforced the binding child support agreement and ordered that the father repay the arrears owing to the mother. If you need help navigating child support payments, contact Michael Lynch Family Lawyers for expert, personalised legal advice by calling (07) THE TREATMENT OF PERSONAL INJURY AWARDS IN FAMILY LAW Property Settlements are difficult to calculate at the best of times, but what happens when one spouse has received a large personal injury payment? There is not only the financial contribution to consider, but also the impact on the family with additional care requirements and stresses. Getting started: Under the Family Law Act there is no DOMESTIC VIOLENCE AND ITS EFFECT ON PROPERTY SETTLEMENT If a domestic violence victim is to receive more in the property settlement, the court has to determine that it was “significantly more arduous” for that person to contribute to the relationship, due to the violence they suffered. In a recent case, the husband and wife separated after nine years of marriage. AMY HONAN - MICHAEL LYNCH FAMILY LAWYERS Amy Honan has practiced exclusively in family and de facto relationship law since 2006. Amy has extensive experience in children’s and financial matters. Also, she has represented clients at Case Assessment Conferences, Conciliation Conferences, Interim Hearings, private mediations and settlement negotiations as well asvarious Court
PATERNITY AND CHILD SUPPORT In this recent Family Court appeal case, the court determined the issue of paternity and child support. The DNA test had occurred and the alleged father was found to be the father, so the central issue to the case was not the paternity of the father but whether the child CAN A FATHER TAKE A CHILD AWAY FROM A MOTHER? The father responded with an urgent interim application seeking that the court reverse the child’s primary residence, so that she live with him. The Independent Children’s Lawyer (ICL) in the matter agreed that the child should live with the father. This is due to BRISBANE’S LEADING FAMILY LAW EXPERTS Michael Lynch Family Lawyers are Brisbane’s family law specialists and provide a range of family law services to help you achieve the best outcome for your children’s wellbeing and welfare. Our family law specialists can assist with all legal matters concerning the welfare of a child, including child custody, adoption, adult childWITHHOLDING A CHILD
“We had such a positive experience with Michael Lynch Family Law and we highly recommend their services. Meticulous attention to detail, attended quickly to every additional request we made, and made sure we always knew exactly where we were every step of the way. QUICK GUIDE TO FAMILY COURT PROCEDURES I MICHAEL LYNCH Court Procedures. If you’re going through a difficult family matter, whether a divorce, separation or child custody matter, obtaining advice from a specialist family law lawyer is vital. The earlier you make contact with a family law firm, the better. SETTING ASIDE A BINDING CHILD SUPPORT AGREEMENT The court enforced the binding child support agreement and ordered that the father repay the arrears owing to the mother. If you need help navigating child support payments, contact Michael Lynch Family Lawyers for expert, personalised legal advice by calling (07) WHAT HAPPENS TO SUPER IN A PROPERTY SETTLEMENT? Potentially, the superannuation policy can be “split” in any percentage (it does not have to be 50/50). A split does not mean a payout of the policy, rather it is a “rollover” of an interest. A fund of less than $5,000 cannot be split. Relevant factors for considering if a split should occur, include: HOW IS PROPERTY DIVIDED IN A SHORT MARRIAGE? The shorter the length of a marriage, the closer the examination of the parties’ relevant ‘financial contributions’ in a property settlement will be, particularly if there are no children involved. The court will specifically look at significant initial contributions, as well as financial contributions during the marriage, when deciding the property division. In a situation where HOW REDUNDANCY CAN AFFECT CHILD SUPPORT PAYMENTS Redundancy payments are a relevant component when estimating income for the purpose of a child support assessment, and, depending on the circumstances of the case, a redundancy payment can significantly affect the amount of child support payable. If you need help with child support, or any other family law matter, please contact MichaelLynch
WHAT IS A VEXATIOUS LITIGANT? Vexatious litigant defined. Vexatious litigant is someone who persistently begins legal actions but doesn’t have sufficient grounds for doing so. In Family Law proceedings, the impact that a vexatious litigant has on the individual who is the victim of their conduct can be significant. In many cases, the result is often thatthe party with
WHEN DOES THE PAYMENT OF CHILD SUPPORT END? The child turns 18 years. There is scope for the child support assessment to continue until the end of the school year during which the child turns 18, or if there is a need to provide for a child with an intellectual or physical disability, however for this, the parent must apply before the child’s 18th birthday; If the other parentchooses
AMY HONAN - MICHAEL LYNCH FAMILY LAWYERS Amy Honan has practiced exclusively in family and de facto relationship law since 2006. Amy has extensive experience in children’s and financial matters. Also, she has represented clients at Case Assessment Conferences, Conciliation Conferences, Interim Hearings, private mediations and settlement negotiations as well asvarious Court
BRISBANE’S LEADING FAMILY LAW EXPERTS Michael Lynch Family Lawyers are Brisbane’s family law specialists and provide a range of family law services to help you achieve the best outcome for your children’s wellbeing and welfare. Our family law specialists can assist with all legal matters concerning the welfare of a child, including child custody, adoption, adult childWITHHOLDING A CHILD
“We had such a positive experience with Michael Lynch Family Law and we highly recommend their services. Meticulous attention to detail, attended quickly to every additional request we made, and made sure we always knew exactly where we were every step of the way. QUICK GUIDE TO FAMILY COURT PROCEDURES I MICHAEL LYNCH Court Procedures. If you’re going through a difficult family matter, whether a divorce, separation or child custody matter, obtaining advice from a specialist family law lawyer is vital. The earlier you make contact with a family law firm, the better. SETTING ASIDE A BINDING CHILD SUPPORT AGREEMENT The court enforced the binding child support agreement and ordered that the father repay the arrears owing to the mother. If you need help navigating child support payments, contact Michael Lynch Family Lawyers for expert, personalised legal advice by calling (07) WHAT HAPPENS TO SUPER IN A PROPERTY SETTLEMENT? Potentially, the superannuation policy can be “split” in any percentage (it does not have to be 50/50). A split does not mean a payout of the policy, rather it is a “rollover” of an interest. A fund of less than $5,000 cannot be split. Relevant factors for considering if a split should occur, include: HOW IS PROPERTY DIVIDED IN A SHORT MARRIAGE? The shorter the length of a marriage, the closer the examination of the parties’ relevant ‘financial contributions’ in a property settlement will be, particularly if there are no children involved. The court will specifically look at significant initial contributions, as well as financial contributions during the marriage, when deciding the property division. In a situation where HOW REDUNDANCY CAN AFFECT CHILD SUPPORT PAYMENTS Redundancy payments are a relevant component when estimating income for the purpose of a child support assessment, and, depending on the circumstances of the case, a redundancy payment can significantly affect the amount of child support payable. If you need help with child support, or any other family law matter, please contact MichaelLynch
WHAT IS A VEXATIOUS LITIGANT? Vexatious litigant defined. Vexatious litigant is someone who persistently begins legal actions but doesn’t have sufficient grounds for doing so. In Family Law proceedings, the impact that a vexatious litigant has on the individual who is the victim of their conduct can be significant. In many cases, the result is often thatthe party with
WHEN DOES THE PAYMENT OF CHILD SUPPORT END? The child turns 18 years. There is scope for the child support assessment to continue until the end of the school year during which the child turns 18, or if there is a need to provide for a child with an intellectual or physical disability, however for this, the parent must apply before the child’s 18th birthday; If the other parentchooses
AMY HONAN - MICHAEL LYNCH FAMILY LAWYERS Amy Honan has practiced exclusively in family and de facto relationship law since 2006. Amy has extensive experience in children’s and financial matters. Also, she has represented clients at Case Assessment Conferences, Conciliation Conferences, Interim Hearings, private mediations and settlement negotiations as well asvarious Court
QUICK GUIDE TO FAMILY COURT PROCEDURES I MICHAEL LYNCH Court Procedures. If you’re going through a difficult family matter, whether a divorce, separation or child custody matter, obtaining advice from a specialist family law lawyer is vital. The earlier you make contact with a family law firm, the better. SETTING ASIDE A BINDING CHILD SUPPORT AGREEMENT The court enforced the binding child support agreement and ordered that the father repay the arrears owing to the mother. If you need help navigating child support payments, contact Michael Lynch Family Lawyers for expert, personalised legal advice by calling (07) CONSENTING ‘WITHOUT ADMISSION’ 6 July 2020. Agreeing to a Domestic Violence Order (DVO) being made ‘without admission’ is often considered the quickest and easiest solution when faced with a domestic violence application, especially in circumstances where the respondent does not wish to defend the action and agreeing to the order will not affect their livelihood (e.g WHEN DOES THE PAYMENT OF CHILD SUPPORT END? The child turns 18 years. There is scope for the child support assessment to continue until the end of the school year during which the child turns 18, or if there is a need to provide for a child with an intellectual or physical disability, however for this, the parent must apply before the child’s 18th birthday; If the other parentchooses
HOW REDUNDANCY CAN AFFECT CHILD SUPPORT PAYMENTS Redundancy payments are a relevant component when estimating income for the purpose of a child support assessment, and, depending on the circumstances of the case, a redundancy payment can significantly affect the amount of child support payable. If you need help with child support, or any other family law matter, please contact MichaelLynch
PATERNITY AND CHILD SUPPORT In this recent Family Court appeal case, the court determined the issue of paternity and child support. The DNA test had occurred and the alleged father was found to be the father, so the central issue to the case was not the paternity of the father but whether the child AMY HONAN - MICHAEL LYNCH FAMILY LAWYERS Amy Honan has practiced exclusively in family and de facto relationship law since 2006. Amy has extensive experience in children’s and financial matters. Also, she has represented clients at Case Assessment Conferences, Conciliation Conferences, Interim Hearings, private mediations and settlement negotiations as well asvarious Court
THE TREATMENT OF PERSONAL INJURY AWARDS IN FAMILY LAW Property Settlements are difficult to calculate at the best of times, but what happens when one spouse has received a large personal injury payment? There is not only the financial contribution to consider, but also the impact on the family with additional care requirements and stresses. Getting started: Under the Family Law Act there is no CAN A FATHER TAKE A CHILD AWAY FROM A MOTHER? The father responded with an urgent interim application seeking that the court reverse the child’s primary residence, so that she live with him. The Independent Children’s Lawyer (ICL) in the matter agreed that the child should live with the father. This is due to WHAT IS A COMMUNICATION BOOK? A ‘communication book’ provides a way for parents to communicate important issues and events relating to their child, without face-to-face interaction, in order to avoid disputes. The child typically carries the book in their bag between visits to each parent. It is preferable if it is a bound book with numbered pages.WITHHOLDING A CHILD
“We had such a positive experience with Michael Lynch Family Law and we highly recommend their services. Meticulous attention to detail, attended quickly to every additional request we made, and made sure we always knew exactly where we were every step of the way. CONSENTING ‘WITHOUT ADMISSION’ 6 July 2020. Agreeing to a Domestic Violence Order (DVO) being made ‘without admission’ is often considered the quickest and easiest solution when faced with a domestic violence application, especially in circumstances where the respondent does not wish to defend the action and agreeing to the order will not affect their livelihood (e.g WHAT HAPPENS TO SUPER IN A PROPERTY SETTLEMENT? Potentially, the superannuation policy can be “split” in any percentage (it does not have to be 50/50). A split does not mean a payout of the policy, rather it is a “rollover” of an interest. A fund of less than $5,000 cannot be split. Relevant factors for considering if a split should occur, include: SETTING ASIDE A BINDING CHILD SUPPORT AGREEMENT The court enforced the binding child support agreement and ordered that the father repay the arrears owing to the mother. If you need help navigating child support payments, contact Michael Lynch Family Lawyers for expert, personalised legal advice by calling (07) HOW IS PROPERTY DIVIDED IN A SHORT MARRIAGE? The shorter the length of a marriage, the closer the examination of the parties’ relevant ‘financial contributions’ in a property settlement will be, particularly if there are no children involved. The court will specifically look at significant initial contributions, as well as financial contributions during the marriage, when deciding the property division. In a situation where WHEN DOES THE PAYMENT OF CHILD SUPPORT END? The child turns 18 years. There is scope for the child support assessment to continue until the end of the school year during which the child turns 18, or if there is a need to provide for a child with an intellectual or physical disability, however for this, the parent must apply before the child’s 18th birthday; If the other parentchooses
HIGH CONFLICT IN PARENTING CASES High conflict in parenting cases. 19 May 2015. In any parenting case, the “best interests” of the children are the “paramount consideration” for the Court. That means that who the children “live with”, how much “time they spend” with the other parent,and
PROPERTY SETTLEMENT TIME LIMITS Amy, thanks very much to you and your team. Throughout my dealings with MLFL I have been continually impressed with your level of professionalism and, in particular, your understanding of circumstances and the articulate way you conduct yourself. THE TREATMENT OF PERSONAL INJURY AWARDS IN FAMILY LAW Property Settlements are difficult to calculate at the best of times, but what happens when one spouse has received a large personal injury payment? There is not only the financial contribution to consider, but also the impact on the family with additional care requirements and stresses. Getting started: Under the Family Law Act there is no WHAT IS AN INITIAL CONTRIBUTION WORTH IN A LONG MARRIAGE What is an initial contribution worth in a long marriage? 16 January 2017. Generally, less percentage weight is given to property that spouses had at the commencement of their relationship, the longer their relationship continues. So that, even if parties held significant property at the commence of their relationship, or thatproperty provided
WITHHOLDING A CHILD
“We had such a positive experience with Michael Lynch Family Law and we highly recommend their services. Meticulous attention to detail, attended quickly to every additional request we made, and made sure we always knew exactly where we were every step of the way. CONSENTING ‘WITHOUT ADMISSION’ 6 July 2020. Agreeing to a Domestic Violence Order (DVO) being made ‘without admission’ is often considered the quickest and easiest solution when faced with a domestic violence application, especially in circumstances where the respondent does not wish to defend the action and agreeing to the order will not affect their livelihood (e.g WHAT HAPPENS TO SUPER IN A PROPERTY SETTLEMENT? Potentially, the superannuation policy can be “split” in any percentage (it does not have to be 50/50). A split does not mean a payout of the policy, rather it is a “rollover” of an interest. A fund of less than $5,000 cannot be split. Relevant factors for considering if a split should occur, include: SETTING ASIDE A BINDING CHILD SUPPORT AGREEMENT The court enforced the binding child support agreement and ordered that the father repay the arrears owing to the mother. If you need help navigating child support payments, contact Michael Lynch Family Lawyers for expert, personalised legal advice by calling (07) HOW IS PROPERTY DIVIDED IN A SHORT MARRIAGE? The shorter the length of a marriage, the closer the examination of the parties’ relevant ‘financial contributions’ in a property settlement will be, particularly if there are no children involved. The court will specifically look at significant initial contributions, as well as financial contributions during the marriage, when deciding the property division. In a situation where WHEN DOES THE PAYMENT OF CHILD SUPPORT END? The child turns 18 years. There is scope for the child support assessment to continue until the end of the school year during which the child turns 18, or if there is a need to provide for a child with an intellectual or physical disability, however for this, the parent must apply before the child’s 18th birthday; If the other parentchooses
HIGH CONFLICT IN PARENTING CASES High conflict in parenting cases. 19 May 2015. In any parenting case, the “best interests” of the children are the “paramount consideration” for the Court. That means that who the children “live with”, how much “time they spend” with the other parent,and
PROPERTY SETTLEMENT TIME LIMITS Amy, thanks very much to you and your team. Throughout my dealings with MLFL I have been continually impressed with your level of professionalism and, in particular, your understanding of circumstances and the articulate way you conduct yourself. THE TREATMENT OF PERSONAL INJURY AWARDS IN FAMILY LAW Property Settlements are difficult to calculate at the best of times, but what happens when one spouse has received a large personal injury payment? There is not only the financial contribution to consider, but also the impact on the family with additional care requirements and stresses. Getting started: Under the Family Law Act there is no WHAT IS AN INITIAL CONTRIBUTION WORTH IN A LONG MARRIAGE What is an initial contribution worth in a long marriage? 16 January 2017. Generally, less percentage weight is given to property that spouses had at the commencement of their relationship, the longer their relationship continues. So that, even if parties held significant property at the commence of their relationship, or thatproperty provided
BRISBANE’S LEADING FAMILY LAW EXPERTS Michael Lynch Family Lawyers are Brisbane’s family law specialists and provide a range of family law services to help you achieve the best outcome for your children’s wellbeing and welfare. Our family law specialists can assist with all legal matters concerning the welfare of a child, including child custody, adoption, adult child COVID, COURTS AND CONTRAVENTION COVID, Courts and Contravention - Michael Lynch Family Lawyers. Appointment (07) 3221 4300. Home. Family Law Services. Adoption. ChildAbduction.
CONSENTING ‘WITHOUT ADMISSION’ Agreeing to a Domestic Violence Order (DVO) being made ‘without admission’ is often considered the quickest and easiest solution when faced with a domestic violence application, especially in circumstances where the respondent does not wish to defend the action and agreeing to the order will not affect their livelihood (e.g. they don’t require a “weapons licence”) or otherwise impact HOW REDUNDANCY CAN AFFECT CHILD SUPPORT PAYMENTS Redundancy payments are a relevant component when estimating income for the purpose of a child support assessment, and, depending on the circumstances of the case, a redundancy payment can significantly affect the amount of child support payable. If you need help with child support, or any other family law matter, please contact MichaelLynch
THE TREATMENT OF PERSONAL INJURY AWARDS IN FAMILY LAW Property Settlements are difficult to calculate at the best of times, but what happens when one spouse has received a large personal injury payment? There is not only the financial contribution to consider, but also the impact on the family with additional care requirements and stresses. Getting started: Under the Family Law Act there is no WHEN DOES THE PAYMENT OF CHILD SUPPORT END? The child turns 18 years. There is scope for the child support assessment to continue until the end of the school year during which the child turns 18, or if there is a need to provide for a child with an intellectual or physical disability, however for this, the parent must apply before the child’s 18th birthday; If the other parentchooses
WHAT AM I ENTITLED TO IN A DIVORCE IN AUSTRALIA? Stage 1: Identify and Value Assets. All the parties’ property is included in the property pool. This can include houses, units, superannuation, businesses, bank accounts, furniture, motor vehicles, etc. A value must be given to all assets. The court does not automatically sell everything. PROPERTY SETTLEMENT TIME LIMITS Amy, thanks very much to you and your team. Throughout my dealings with MLFL I have been continually impressed with your level of professionalism and, in particular, your understanding of circumstances and the articulate way you conduct yourself. CAN A FATHER TAKE A CHILD AWAY FROM A MOTHER? The father responded with an urgent interim application seeking that the court reverse the child’s primary residence, so that she live with him. The Independent Children’s Lawyer (ICL) in the matter agreed that the child should live with the father. This is due to PROPERTY SETTLEMENT AND FARMS Property Settlement and Farms – Dispelling the Myths. 4 January 2017. Determining a property settlement involves considering various factors in the Family Law Act, in conjunction with someone’s specific situation. In broad terms, the “pool” of property must be determined i.e. identified and valued (it is worth noting that thedefinition
BRISBANE’S LEADING FAMILY LAW EXPERTS Michael Lynch Family Lawyers are Brisbane’s family law specialists and provide a range of family law services to help you achieve the best outcome for your children’s wellbeing and welfare. Our family law specialists can assist with all legal matters concerning the welfare of a child, including child custody, adoption, adult childWITHHOLDING A CHILD
“We had such a positive experience with Michael Lynch Family Law and we highly recommend their services. Meticulous attention to detail, attended quickly to every additional request we made, and made sure we always knew exactly where we were every step of the way. QUICK GUIDE TO FAMILY COURT PROCEDURES I MICHAEL LYNCH Court Procedures. If you’re going through a difficult family matter, whether a divorce, separation or child custody matter, obtaining advice from a specialist family law lawyer is vital. The earlier you make contact with a family law firm, the better. WHAT HAPPENS TO SUPER IN A PROPERTY SETTLEMENT? Potentially, the superannuation policy can be “split” in any percentage (it does not have to be 50/50). A split does not mean a payout of the policy, rather it is a “rollover” of an interest. A fund of less than $5,000 cannot be split. Relevant factors for considering if a split should occur, include: WHAT DOES CHILD SUPPORT COVER? Child Support covers expenses for children such as food, housing, clothes, school costs and other extra-curricular activities. It applies to all parents whether married, in a de facto relationship, who have never lived together or never had a relationship, and also may include same-sex parents. The Child Support Agency (CSA), is the HOW REDUNDANCY CAN AFFECT CHILD SUPPORT PAYMENTS Redundancy payments are a relevant component when estimating income for the purpose of a child support assessment, and, depending on the circumstances of the case, a redundancy payment can significantly affect the amount of child support payable. If you need help with child support, or any other family law matter, please contact MichaelLynch
HOW IS PROPERTY DIVIDED IN A SHORT MARRIAGE? The shorter the length of a marriage, the closer the examination of the parties’ relevant ‘financial contributions’ in a property settlement will be, particularly if there are no children involved. The court will specifically look at significant initial contributions, as well as financial contributions during the marriage, when deciding the property division. In a situation where WHEN DOES THE PAYMENT OF CHILD SUPPORT END? The child turns 18 years. There is scope for the child support assessment to continue until the end of the school year during which the child turns 18, or if there is a need to provide for a child with an intellectual or physical disability, however for this, the parent must apply before the child’s 18th birthday; If the other parentchooses
AMY HONAN - MICHAEL LYNCH FAMILY LAWYERS Amy Honan has practiced exclusively in family and de facto relationship law since 2006. Amy has extensive experience in children’s and financial matters. Also, she has represented clients at Case Assessment Conferences, Conciliation Conferences, Interim Hearings, private mediations and settlement negotiations as well asvarious Court
HIGH CONFLICT IN PARENTING CASES High conflict in parenting cases. 19 May 2015. In any parenting case, the “best interests” of the children are the “paramount consideration” for the Court. That means that who the children “live with”, how much “time they spend” with the other parent,and
BRISBANE’S LEADING FAMILY LAW EXPERTS Michael Lynch Family Lawyers are Brisbane’s family law specialists and provide a range of family law services to help you achieve the best outcome for your children’s wellbeing and welfare. Our family law specialists can assist with all legal matters concerning the welfare of a child, including child custody, adoption, adult childWITHHOLDING A CHILD
“We had such a positive experience with Michael Lynch Family Law and we highly recommend their services. Meticulous attention to detail, attended quickly to every additional request we made, and made sure we always knew exactly where we were every step of the way. QUICK GUIDE TO FAMILY COURT PROCEDURES I MICHAEL LYNCH Court Procedures. If you’re going through a difficult family matter, whether a divorce, separation or child custody matter, obtaining advice from a specialist family law lawyer is vital. The earlier you make contact with a family law firm, the better. WHAT HAPPENS TO SUPER IN A PROPERTY SETTLEMENT? Potentially, the superannuation policy can be “split” in any percentage (it does not have to be 50/50). A split does not mean a payout of the policy, rather it is a “rollover” of an interest. A fund of less than $5,000 cannot be split. Relevant factors for considering if a split should occur, include: WHAT DOES CHILD SUPPORT COVER? Child Support covers expenses for children such as food, housing, clothes, school costs and other extra-curricular activities. It applies to all parents whether married, in a de facto relationship, who have never lived together or never had a relationship, and also may include same-sex parents. The Child Support Agency (CSA), is the HOW REDUNDANCY CAN AFFECT CHILD SUPPORT PAYMENTS Redundancy payments are a relevant component when estimating income for the purpose of a child support assessment, and, depending on the circumstances of the case, a redundancy payment can significantly affect the amount of child support payable. If you need help with child support, or any other family law matter, please contact MichaelLynch
HOW IS PROPERTY DIVIDED IN A SHORT MARRIAGE? The shorter the length of a marriage, the closer the examination of the parties’ relevant ‘financial contributions’ in a property settlement will be, particularly if there are no children involved. The court will specifically look at significant initial contributions, as well as financial contributions during the marriage, when deciding the property division. In a situation where WHEN DOES THE PAYMENT OF CHILD SUPPORT END? The child turns 18 years. There is scope for the child support assessment to continue until the end of the school year during which the child turns 18, or if there is a need to provide for a child with an intellectual or physical disability, however for this, the parent must apply before the child’s 18th birthday; If the other parentchooses
AMY HONAN - MICHAEL LYNCH FAMILY LAWYERS Amy Honan has practiced exclusively in family and de facto relationship law since 2006. Amy has extensive experience in children’s and financial matters. Also, she has represented clients at Case Assessment Conferences, Conciliation Conferences, Interim Hearings, private mediations and settlement negotiations as well asvarious Court
HIGH CONFLICT IN PARENTING CASES High conflict in parenting cases. 19 May 2015. In any parenting case, the “best interests” of the children are the “paramount consideration” for the Court. That means that who the children “live with”, how much “time they spend” with the other parent,and
QUICK GUIDE TO FAMILY COURT PROCEDURES I MICHAEL LYNCH Court Procedures. If you’re going through a difficult family matter, whether a divorce, separation or child custody matter, obtaining advice from a specialist family law lawyer is vital. The earlier you make contact with a family law firm, the better. SETTING ASIDE A BINDING CHILD SUPPORT AGREEMENT The court enforced the binding child support agreement and ordered that the father repay the arrears owing to the mother. If you need help navigating child support payments, contact Michael Lynch Family Lawyers for expert, personalised legal advice by calling (07) HOW REDUNDANCY CAN AFFECT CHILD SUPPORT PAYMENTS Redundancy payments are a relevant component when estimating income for the purpose of a child support assessment, and, depending on the circumstances of the case, a redundancy payment can significantly affect the amount of child support payable. If you need help with child support, or any other family law matter, please contact MichaelLynch
CONSENTING ‘WITHOUT ADMISSION’ 6 July 2020. Agreeing to a Domestic Violence Order (DVO) being made ‘without admission’ is often considered the quickest and easiest solution when faced with a domestic violence application, especially in circumstances where the respondent does not wish to defend the action and agreeing to the order will not affect their livelihood (e.g IS LIVING APART BUT IN THE ONE HOUSE, SEPARATION Separation under one roof is when a couple have separated, but continue to live in the same house. It may be for a few days, weeks, months or years following separation and it’s something that has become more common in 2020 due to the COVID-19 pandemic. Often people will choose to stay under the one roof for financial reasons, asit’s
WHAT IS A VEXATIOUS LITIGANT? Vexatious litigant defined. Vexatious litigant is someone who persistently begins legal actions but doesn’t have sufficient grounds for doing so. In Family Law proceedings, the impact that a vexatious litigant has on the individual who is the victim of their conduct can be significant. In many cases, the result is often thatthe party with
PATERNITY AND CHILD SUPPORT In this recent Family Court appeal case, the court determined the issue of paternity and child support. The DNA test had occurred and the alleged father was found to be the father, so the central issue to the case was not the paternity of the father but whether the child AMY HONAN - MICHAEL LYNCH FAMILY LAWYERS Amy Honan has practiced exclusively in family and de facto relationship law since 2006. Amy has extensive experience in children’s and financial matters. Also, she has represented clients at Case Assessment Conferences, Conciliation Conferences, Interim Hearings, private mediations and settlement negotiations as well asvarious Court
CAN A FATHER TAKE A CHILD AWAY FROM A MOTHER? The father responded with an urgent interim application seeking that the court reverse the child’s primary residence, so that she live with him. The Independent Children’s Lawyer (ICL) in the matter agreed that the child should live with the father. This is due to WHAT IS A COMMUNICATION BOOK? A ‘communication book’ provides a way for parents to communicate important issues and events relating to their child, without face-to-face interaction, in order to avoid disputes. The child typically carries the book in their bag between visits to each parent. It is preferable if it is a bound book with numbered pages. BRISBANE’S LEADING FAMILY LAW EXPERTS Michael Lynch Family Lawyers are Brisbane’s family law specialists and provide a range of family law services to help you achieve the best outcome for your children’s wellbeing and welfare. Our family law specialists can assist with all legal matters concerning the welfare of a child, including child custody, adoption, adult childWITHHOLDING A CHILD
“We had such a positive experience with Michael Lynch Family Law and we highly recommend their services. Meticulous attention to detail, attended quickly to every additional request we made, and made sure we always knew exactly where we were every step of the way. QUICK GUIDE TO FAMILY COURT PROCEDURES I MICHAEL LYNCH Court Procedures. If you’re going through a difficult family matter, whether a divorce, separation or child custody matter, obtaining advice from a specialist family law lawyer is vital. The earlier you make contact with a family law firm, the better. SETTING ASIDE A BINDING CHILD SUPPORT AGREEMENT The court enforced the binding child support agreement and ordered that the father repay the arrears owing to the mother. If you need help navigating child support payments, contact Michael Lynch Family Lawyers for expert, personalised legal advice by calling (07) WHAT DOES CHILD SUPPORT COVER? Child Support covers expenses for children such as food, housing, clothes, school costs and other extra-curricular activities. It applies to all parents whether married, in a de facto relationship, who have never lived together or never had a relationship, and also may include same-sex parents. The Child Support Agency (CSA), is the WHAT HAPPENS TO SUPER IN A PROPERTY SETTLEMENT? Potentially, the superannuation policy can be “split” in any percentage (it does not have to be 50/50). A split does not mean a payout of the policy, rather it is a “rollover” of an interest. A fund of less than $5,000 cannot be split. Relevant factors for considering if a split should occur, include: HOW IS PROPERTY DIVIDED IN A SHORT MARRIAGE? The shorter the length of a marriage, the closer the examination of the parties’ relevant ‘financial contributions’ in a property settlement will be, particularly if there are no children involved. The court will specifically look at significant initial contributions, as well as financial contributions during the marriage, when deciding the property division. In a situation where HIGH CONFLICT IN PARENTING CASES High conflict in parenting cases. 19 May 2015. In any parenting case, the “best interests” of the children are the “paramount consideration” for the Court. That means that who the children “live with”, how much “time they spend” with the other parent,and
PARENTING ARRANGEMENTS WHILE PARENTS ON BRIDGING VISA Parenting Arrangements While Parents on Bridging Visa. 17 May 2016. For some people after the breakdown of a relationship they will need to consider how it will affect their immigration status in Australia. This is in addition to working out how the children will be looked after. The Department of Immigration directs that they must beinformed
OVERVIEW DOMESTIC VIOLENCE PRACTICAL TIPS AND UPDATES 08/09/2017 1 Domestic Violence –Practical Tips and Updates OVERVIEW 1. Backdrop and statistics 2. Legislative definition of “domesticviolence”
BRISBANE’S LEADING FAMILY LAW EXPERTS Michael Lynch Family Lawyers are Brisbane’s family law specialists and provide a range of family law services to help you achieve the best outcome for your children’s wellbeing and welfare. Our family law specialists can assist with all legal matters concerning the welfare of a child, including child custody, adoption, adult childWITHHOLDING A CHILD
“We had such a positive experience with Michael Lynch Family Law and we highly recommend their services. Meticulous attention to detail, attended quickly to every additional request we made, and made sure we always knew exactly where we were every step of the way. QUICK GUIDE TO FAMILY COURT PROCEDURES I MICHAEL LYNCH Court Procedures. If you’re going through a difficult family matter, whether a divorce, separation or child custody matter, obtaining advice from a specialist family law lawyer is vital. The earlier you make contact with a family law firm, the better. SETTING ASIDE A BINDING CHILD SUPPORT AGREEMENT The court enforced the binding child support agreement and ordered that the father repay the arrears owing to the mother. If you need help navigating child support payments, contact Michael Lynch Family Lawyers for expert, personalised legal advice by calling (07) WHAT DOES CHILD SUPPORT COVER? Child Support covers expenses for children such as food, housing, clothes, school costs and other extra-curricular activities. It applies to all parents whether married, in a de facto relationship, who have never lived together or never had a relationship, and also may include same-sex parents. The Child Support Agency (CSA), is the WHAT HAPPENS TO SUPER IN A PROPERTY SETTLEMENT? Potentially, the superannuation policy can be “split” in any percentage (it does not have to be 50/50). A split does not mean a payout of the policy, rather it is a “rollover” of an interest. A fund of less than $5,000 cannot be split. Relevant factors for considering if a split should occur, include: HOW IS PROPERTY DIVIDED IN A SHORT MARRIAGE? The shorter the length of a marriage, the closer the examination of the parties’ relevant ‘financial contributions’ in a property settlement will be, particularly if there are no children involved. The court will specifically look at significant initial contributions, as well as financial contributions during the marriage, when deciding the property division. In a situation where HIGH CONFLICT IN PARENTING CASES High conflict in parenting cases. 19 May 2015. In any parenting case, the “best interests” of the children are the “paramount consideration” for the Court. That means that who the children “live with”, how much “time they spend” with the other parent,and
PARENTING ARRANGEMENTS WHILE PARENTS ON BRIDGING VISA Parenting Arrangements While Parents on Bridging Visa. 17 May 2016. For some people after the breakdown of a relationship they will need to consider how it will affect their immigration status in Australia. This is in addition to working out how the children will be looked after. The Department of Immigration directs that they must beinformed
OVERVIEW DOMESTIC VIOLENCE PRACTICAL TIPS AND UPDATES 08/09/2017 1 Domestic Violence –Practical Tips and Updates OVERVIEW 1. Backdrop and statistics 2. Legislative definition of “domesticviolence”
BRISBANE’S LEADING FAMILY LAW EXPERTS Michael Lynch Family Lawyers are Brisbane’s family law specialists and provide a range of family law services to help you achieve the best outcome for your children’s wellbeing and welfare. Our family law specialists can assist with all legal matters concerning the welfare of a child, including child custody, adoption, adult child CHILD SUPPORT AND SCHOOL FEES This is only where the paying parent pays 70% of their normal monthly child support payment on time and in that case a maximum of 30% of the monthly payment can be credited towards the school fees. These are often referred to as “non-agency” payments. It should be noted that only paying parents that have 14% (“regular care) or less, of CHILD MAINTENANCE TRUSTS Child Maintenance Trusts. The Australian Tax legislation provides that a Child Support Trust can be established following a family breakdown. A family breakdown is defined as including legal obligations arising not only from the breakdown of live-in relationships but also where parentage has occurred outside of such a relationship. CLAIMING ADULT CHILD MAINTENANCE Claiming Adult Child Maintenance. A child support assessment will usually end when a child turns 18. However, where the Child Support legislation stops, there is scope for the Family Law Act (FLA) to step in. Under the FLA parents can in some cases be required by a Court Order to pay maintenance for a child who is over 18 years of age. HOW IS PROPERTY DIVIDED IN A SHORT MARRIAGE? The shorter the length of a marriage, the closer the examination of the parties’ relevant ‘financial contributions’ in a property settlement will be, particularly if there are no children involved. The court will specifically look at significant initial contributions, as well as financial contributions during the marriage, when deciding the property division. In a situation where WHEN DOES THE PAYMENT OF CHILD SUPPORT END? The child turns 18 years. There is scope for the child support assessment to continue until the end of the school year during which the child turns 18, or if there is a need to provide for a child with an intellectual or physical disability, however for this, the parent must apply before the child’s 18th birthday; If the other parentchooses
CAN A FATHER TAKE A CHILD AWAY FROM A MOTHER? The father responded with an urgent interim application seeking that the court reverse the child’s primary residence, so that she live with him. The Independent Children’s Lawyer (ICL) in the matter agreed that the child should live with the father. This is due to WHAT HAPPENS IF YOU RECONCILE AFTER AGREEING TO A PROPERTY The court has recently considered such a case. The Family Court recently considered a case where a couple who had separated and reached agreement in relation to property division in 1998 and after being separated for 18 months they reconciled in early 2000. They then finally separated in 2012. PROPERTY SETTLEMENT TIME LIMITS Amy, thanks very much to you and your team. Throughout my dealings with MLFL I have been continually impressed with your level of professionalism and, in particular, your understanding of circumstances and the articulate way you conduct yourself. OVERVIEW DOMESTIC VIOLENCE PRACTICAL TIPS AND UPDATES 08/09/2017 1 Domestic Violence –Practical Tips and Updates OVERVIEW 1. Backdrop and statistics 2. Legislative definition of “domesticviolence”
BRISBANE’S LEADING FAMILY LAW EXPERTS Michael Lynch Family Lawyers are Brisbane’s family law specialists and provide a range of family law services to help you achieve the best outcome for your children’s wellbeing and welfare. Our family law specialists can assist with all legal matters concerning the welfare of a child, including child custody, adoption, adult childWITHHOLDING A CHILD
“We had such a positive experience with Michael Lynch Family Law and we highly recommend their services. Meticulous attention to detail, attended quickly to every additional request we made, and made sure we always knew exactly where we were every step of the way. QUICK GUIDE TO FAMILY COURT PROCEDURES I MICHAEL LYNCH Court Procedures. If you’re going through a difficult family matter, whether a divorce, separation or child custody matter, obtaining advice from a specialist family law lawyer is vital. The earlier you make contact with a family law firm, the better. SETTING ASIDE A BINDING CHILD SUPPORT AGREEMENT The court enforced the binding child support agreement and ordered that the father repay the arrears owing to the mother. If you need help navigating child support payments, contact Michael Lynch Family Lawyers for expert, personalised legal advice by calling (07) WHAT DOES CHILD SUPPORT COVER? Child Support covers expenses for children such as food, housing, clothes, school costs and other extra-curricular activities. It applies to all parents whether married, in a de facto relationship, who have never lived together or never had a relationship, and also may include same-sex parents. The Child Support Agency (CSA), is the WHAT HAPPENS TO SUPER IN A PROPERTY SETTLEMENT? Potentially, the superannuation policy can be “split” in any percentage (it does not have to be 50/50). A split does not mean a payout of the policy, rather it is a “rollover” of an interest. A fund of less than $5,000 cannot be split. Relevant factors for considering if a split should occur, include: HOW IS PROPERTY DIVIDED IN A SHORT MARRIAGE? The shorter the length of a marriage, the closer the examination of the parties’ relevant ‘financial contributions’ in a property settlement will be, particularly if there are no children involved. The court will specifically look at significant initial contributions, as well as financial contributions during the marriage, when deciding the property division. In a situation where HIGH CONFLICT IN PARENTING CASES High conflict in parenting cases. 19 May 2015. In any parenting case, the “best interests” of the children are the “paramount consideration” for the Court. That means that who the children “live with”, how much “time they spend” with the other parent,and
PARENTING ARRANGEMENTS WHILE PARENTS ON BRIDGING VISA Parenting Arrangements While Parents on Bridging Visa. 17 May 2016. For some people after the breakdown of a relationship they will need to consider how it will affect their immigration status in Australia. This is in addition to working out how the children will be looked after. The Department of Immigration directs that they must beinformed
OVERVIEW DOMESTIC VIOLENCE PRACTICAL TIPS AND UPDATES 08/09/2017 1 Domestic Violence –Practical Tips and Updates OVERVIEW 1. Backdrop and statistics 2. Legislative definition of “domesticviolence”
BRISBANE’S LEADING FAMILY LAW EXPERTS Michael Lynch Family Lawyers are Brisbane’s family law specialists and provide a range of family law services to help you achieve the best outcome for your children’s wellbeing and welfare. Our family law specialists can assist with all legal matters concerning the welfare of a child, including child custody, adoption, adult childWITHHOLDING A CHILD
“We had such a positive experience with Michael Lynch Family Law and we highly recommend their services. Meticulous attention to detail, attended quickly to every additional request we made, and made sure we always knew exactly where we were every step of the way. QUICK GUIDE TO FAMILY COURT PROCEDURES I MICHAEL LYNCH Court Procedures. If you’re going through a difficult family matter, whether a divorce, separation or child custody matter, obtaining advice from a specialist family law lawyer is vital. The earlier you make contact with a family law firm, the better. SETTING ASIDE A BINDING CHILD SUPPORT AGREEMENT The court enforced the binding child support agreement and ordered that the father repay the arrears owing to the mother. If you need help navigating child support payments, contact Michael Lynch Family Lawyers for expert, personalised legal advice by calling (07) WHAT DOES CHILD SUPPORT COVER? Child Support covers expenses for children such as food, housing, clothes, school costs and other extra-curricular activities. It applies to all parents whether married, in a de facto relationship, who have never lived together or never had a relationship, and also may include same-sex parents. The Child Support Agency (CSA), is the WHAT HAPPENS TO SUPER IN A PROPERTY SETTLEMENT? Potentially, the superannuation policy can be “split” in any percentage (it does not have to be 50/50). A split does not mean a payout of the policy, rather it is a “rollover” of an interest. A fund of less than $5,000 cannot be split. Relevant factors for considering if a split should occur, include: HOW IS PROPERTY DIVIDED IN A SHORT MARRIAGE? The shorter the length of a marriage, the closer the examination of the parties’ relevant ‘financial contributions’ in a property settlement will be, particularly if there are no children involved. The court will specifically look at significant initial contributions, as well as financial contributions during the marriage, when deciding the property division. In a situation where HIGH CONFLICT IN PARENTING CASES High conflict in parenting cases. 19 May 2015. In any parenting case, the “best interests” of the children are the “paramount consideration” for the Court. That means that who the children “live with”, how much “time they spend” with the other parent,and
PARENTING ARRANGEMENTS WHILE PARENTS ON BRIDGING VISA Parenting Arrangements While Parents on Bridging Visa. 17 May 2016. For some people after the breakdown of a relationship they will need to consider how it will affect their immigration status in Australia. This is in addition to working out how the children will be looked after. The Department of Immigration directs that they must beinformed
OVERVIEW DOMESTIC VIOLENCE PRACTICAL TIPS AND UPDATES 08/09/2017 1 Domestic Violence –Practical Tips and Updates OVERVIEW 1. Backdrop and statistics 2. Legislative definition of “domesticviolence”
BRISBANE’S LEADING FAMILY LAW EXPERTS Michael Lynch Family Lawyers are Brisbane’s family law specialists and provide a range of family law services to help you achieve the best outcome for your children’s wellbeing and welfare. Our family law specialists can assist with all legal matters concerning the welfare of a child, including child custody, adoption, adult child CHILD SUPPORT AND SCHOOL FEES This is only where the paying parent pays 70% of their normal monthly child support payment on time and in that case a maximum of 30% of the monthly payment can be credited towards the school fees. These are often referred to as “non-agency” payments. It should be noted that only paying parents that have 14% (“regular care) or less, of CHILD MAINTENANCE TRUSTS Child Maintenance Trusts. The Australian Tax legislation provides that a Child Support Trust can be established following a family breakdown. A family breakdown is defined as including legal obligations arising not only from the breakdown of live-in relationships but also where parentage has occurred outside of such a relationship. CLAIMING ADULT CHILD MAINTENANCE Claiming Adult Child Maintenance. A child support assessment will usually end when a child turns 18. However, where the Child Support legislation stops, there is scope for the Family Law Act (FLA) to step in. Under the FLA parents can in some cases be required by a Court Order to pay maintenance for a child who is over 18 years of age. HOW IS PROPERTY DIVIDED IN A SHORT MARRIAGE? The shorter the length of a marriage, the closer the examination of the parties’ relevant ‘financial contributions’ in a property settlement will be, particularly if there are no children involved. The court will specifically look at significant initial contributions, as well as financial contributions during the marriage, when deciding the property division. In a situation where WHEN DOES THE PAYMENT OF CHILD SUPPORT END? The child turns 18 years. There is scope for the child support assessment to continue until the end of the school year during which the child turns 18, or if there is a need to provide for a child with an intellectual or physical disability, however for this, the parent must apply before the child’s 18th birthday; If the other parentchooses
CAN A FATHER TAKE A CHILD AWAY FROM A MOTHER? The father responded with an urgent interim application seeking that the court reverse the child’s primary residence, so that she live with him. The Independent Children’s Lawyer (ICL) in the matter agreed that the child should live with the father. This is due to WHAT HAPPENS IF YOU RECONCILE AFTER AGREEING TO A PROPERTY The court has recently considered such a case. The Family Court recently considered a case where a couple who had separated and reached agreement in relation to property division in 1998 and after being separated for 18 months they reconciled in early 2000. They then finally separated in 2012. PROPERTY SETTLEMENT TIME LIMITS Amy, thanks very much to you and your team. Throughout my dealings with MLFL I have been continually impressed with your level of professionalism and, in particular, your understanding of circumstances and the articulate way you conduct yourself. OVERVIEW DOMESTIC VIOLENCE PRACTICAL TIPS AND UPDATES 08/09/2017 1 Domestic Violence –Practical Tips and Updates OVERVIEW 1. Backdrop and statistics 2. Legislative definition of “domesticviolence”
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ONE OF QUEENSLAND'S LARGEST SPECIALIST FAMILY LAW FIRMS ADVICE. SERVICE. SOLUTIONSlet's get started
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Family Lawyers Brisbaneavaldeadmin 2020-02-17T13:53:23+10:00 FAMILIES WITH CHILDREN If you and your partner are about to separate or are separated and you have children, there are some potential family law issues you need tobe aware of.
LEARN MORE
COUPLES WITH NO KIDS Regardless of whether you`re married or de facto, it is important to obtain family law advice for your own individual circumstances.LEARN MORE
EMPTY NESTERS
If your children have left home, and now you are about to separate or are separated, it is important to find out what family law issues mayaffect you.
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Families With Children Couples with no kidsEmpty Nesters
BRISBANE FAMILY LAWYER CONSIDERING A DIVORCE OR A SEPARATION? OUR EXPERTISE IS YOUR GAIN. We are Family Law Solicitors in Brisbane, specialising in all aspects of Family Law and are one of the largest Specialist Family Law firms in Queensland with over 20 years professional experience. We are dedicated to achieving the best outcome for your unique situation! We protect your rights, offer focused advice and ensure fullconfidentiality!
YOUR FIRST CONSULTATION IS A FIXED PRICE.If
you are concerned about what to do in your situation and need a Brisbane divorce lawyer, make an appointment and let us answer your questions (07) 3221 4300.FAMILY LAW NEWS
– browse for practical tips and advice on all issues that come with separation and divorce – financial, parenting, social and emotional matters, as well as any changes and updates in Family Law. We hope you find our website useful, please contactour team
should you have any questions, or would like to get in touch regarding your unique situation. FAMILY LAW EXPERTISE DIVORCE AND SEPARATION Our Brisbane divorce lawyers can help you move forward following the breakdown of your marriage or de facto relationship. Relationships break down for a variety of reasons, but understanding what causes marriages and relationships to end can help you come to terms with your own situation. As part of our Brisbane family law services, we also provide family mediation to help resolve difficult disputes relating to property settlements, child support disputes, intergenerational conflict and parenting plans. Family mediation can be especially beneficial in cases involving children.DOMESTIC VIOLENCE
No one should have to tolerate domestic violence and there are measures that can be taken so you and your family can feel safe. Our family law solicitors are highly experienced in domestic abuse legislation and can assist you with legal representation, filing or responding to a Domestic Violence Order (DVO) and negotiations between parties mentioned in a DVO. A Domestic Violence (DV) application offers protection for everyone, whether female, male or a child. Let us help you feel safe. CHILDREN’S MATTERS Michael Lynch Family Lawyers are Brisbane’s family law specialists and provide a range of family law services to help you achieve the best outcome for your children’s wellbeing and welfare. Our family law specialists can assist with all legal matters concerning the welfare of a child, including child custody, adoption, adult child maintenance, child abduction, child support, domestic violence and international legal matters involving children, like overseas adoption. Let us help you reach an agreement that protects your child. PROPERTY SETTLEMENT AND SUPERANNUATION Couples going through a divorce or separation will generally have to divide their assets. A property settlement can be done at any time after separation, however, time runs out 12 months after a Divorce order is made for divorced couples and within 24 months after the relationship ended for de facto couples. Our divorce solicitors in Brisbane are experienced in documenting property settlements and can also assist with the splitting of superannuation, which is treated like any other asset in a property settlement.COURT PROCEDURES
If an agreement can’t be reached on a family law issue, whether a child custody case or a property settlement, court procedures may commence. As the family court process is complex, legal representation from a family law specialist is a must. Whether you’re based north or south of the Brisbane River, our family law solicitors in the CBD are here to help you every step of the way through the family court procedure, from the application and interim hearing through to the consent order and financial agreement. INTERNATIONAL FAMILY LAWYERS When a family law issue crosses international borders, it increases in complexity due to vast differences in family law from country to country. The family law specialists at Michael Lynch Family Lawyers in Brisbane have the experience and resources to assist local clients whose family law issue has crossed international borders, as well as overseas clients and law firms involved in international and domestic family law disputes. The international family law issues we regularly assist clients with include separation and divorce, international child abduction, and overseas adoption procedures.*
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DO YOU NEED TO DOCUMENT A DIVORCE AGREEMENT?Ekaterina Estrin
2020-03-09T16:26:34+10:009March 2020|
Lots of issues can come up in a divorce but once the hard work of negotiating an agreement is done, the next question should be ‘What needs to be documented?” It is important toRead More
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ACHIEVEMENT RECOGNITION FOR STEPHANIE BROWN AND AMY HONANEkaterina Estrin
2020-03-09T12:07:10+10:009March 2020|
Congratulations to Steph Brown and Amy Honan for making it to the WLAQ Inspiration list this year. Well done!!! In making the announcement WLAQ say that over the last 40+ years, WLAQ committee haveRead More
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CHILD MAINTENANCE TRUSTSavaldeadmin
2019-11-22T12:16:22+10:009March 2020|
The Australian Tax legislation provides that a Child Support Trust can be established following a family breakdown. A family breakdown is defined as including legal obligations arising not only from the breakdown of live-inRead More
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> Your team’s communication with me was exceptional, I knew exactly > what was happening.A.A., EATONS HILL
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> So pleased to have had a good, sound and knowledgeable firm.C.W., BROOKFIELD
> I really liked the personable service by Michael, the simple plain > language he adopts and his patience.A.O., KEDRON
> Amy, thanks very much to you and your team. Throughout my dealings > with MLFL I have been continually impressed with your level of > professionalism and, in particular, your understanding of > circumstances and the articulate way you conduct yourself. I was > completely satisfied with today’s outcome and without your > experience and expertise in family law I doubt that the result would > have been achieved.M.R., WEST END
> I always felt that the service provided by Michael Lynch Family > Lawyers was of a high standard. Each time, after appointments I came > away feeling secure. Keep doing what you are and maintain the > ‘family feel’ that permeates your services.C.W., BROOKFIELD
> Amy’s work was extremely professional but above all she has a > manner and wisdom in dealing with people under stress. I will be > recommending your firm to anyone that requires assistance. K.H., AUGUSTINE HEIGHTS > Michael Lynch Family Lawyers always gave me competent and > knowledgeable advice. I was consistently kept up to date. The > meetings and phone calls were kept business-like, yet caring and > thoughtful of my emotional state at the time. Thank you.J.S., HOLLAND PARK
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> My lawyer acted with professionalism in all her dealings with me and > with the lawyer on the other side. I was always kept in the loop. I > liked her approach. Thanks.D.S., COORPAROO
> Michael Lynch Family Lawyers have really listened to me. I felt > confident my case was handled well. The law has changed recently, > and I did not feel that a previous law practice I spoke to was > suitably up-to-date.P.B., CARINDALE
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> Thank you for providing me with a professional yet empathetic > approach to gain the best outcome for me. My solicitor was excellent > in explaining the processes and in representing me in Court. You > have great customer service!T.V., EVERTON PARK
> I appreciate you being upfront with fee estimates. You also have a > fantastic website and the seminars REALLY helped to get me focussed.T.C., TARRAGINDI
> You guys provide extraordinary service. A.O., NORTH BRISBANE > I was impressed by my solicitor’s attention to detail and her > concern for me, and that the process was explained to me and that I > understood it at all times.B.W., CHAPEL HILL
> The staff at Michael Lynch Family Lawyers were great. Everyone was > fantastic, professional, understanding, caring and always > communicated with me. I knew I was in good hands.A.A., EATONS HILL
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> My family lawyer was very helpful in assisting me to combat a very > ugly situation without stooping to the low levels that the other > solicitor attempted to take us.M.J., MANLY
> If I need a family lawyer in the future I’ll be heading to Michael > Lynch Family Lawyers again.C.W., BROOKFIELD
> I’m very glad Michael is my lawyer and not the other side’s> solicitor.
S.S., HAMILTON
> Thank you, you kept me sane in a difficult situation and gave me the > encouragement and the confidence to keep going. You made me feel > extremely comfortable.A.M., CHAMBERS FLAT
> At Michael Lynch Family Lawyers I got professional and no nonsense > advice, costs were within quoted amounts and my matter was resolved > quickly – well done!L.R., ASCOT
> Many thanks for your assistance – life is now great – I’m> moving on.
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> I like that my lawyer treated me like a friend and kept jargon to a > minimum. She was easy to contact and kept me informed.L.R., SAMFORD
> Thank you for your ongoing conciliatory approach in this matter and > as always I appreciate your level headed advice. I certainly feel > that I ended up with the right Solicitor.S.C., NUNDAH
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> Lovely to deal with and provides a balanced view in what are very > difficult circumstances.A.C., MORNINGSIDE
> Thank you for the outstanding legal advice you have provided and > professionalism in which you conduct yourself. I am truly thankful > that it was you who represented me.M.T., STAFFORD
> Michael is very personable and very good at covering the material > and explaining the strategy.J.O., HAWTHORNE
> Michael was the most knowledgeable of all lawyers I spoke to when > looking for a lawyer. He showed professionalism.R.R., BRIGHTON
> Thank you for being very personable, professional and always > providing me with the most appropriate advice in my times of > difficulty. The other party’s lawyers were extremely aggressive, > while Michael Lynch Family Lawyers remained calm and professional.S.D., PARKINSON
> Amy, thank you for all that you have done during this matter. You > impressed me with your professionalism from our initial meeting, and > you have proven beyond doubt, to have had the skills and knowledge > required. You are a credit to the company, and I would highly > recommend you to anyone in a similar situation.R.P., CLEVELAND
> Thank you for the great newsletter. Your article on “Coping with > Christmas” is brilliant – clear, caring and helpful. Thanks> again!
C.T., BRIBIE ISLAND
> I have appreciated the way that you and the staff at your firm have > handled my situation. I would especially like to mention the > professional and caring way my lawyer conducted my case, I am deeply > grateful and extremely happy with the results. I will be referring > others to your service. J.H., WELLINGTON POINT > Thank you for helping me through this difficult time. You have been > caring, compassionate and efficient. Some of my divorcing friends > have not been so fortunate. In my mind you are the best family > lawyer in Brisbane. If anyone I know needs a good family lawyer, I > will tell them to speak to you. Thanks again.B.T., CLAYFIELD
> I was guided through a really difficult time with expertise of > Michael Lynch Family Lawyers. I am more than happy with the outcome> of mediation.
J.H., WINDAROO
> Michael, thank you again for your presence here yesterday. We really > appreciated the clarity and accessibility of your presentation. It > is a rare thing to find somebody who not only has expertise, but > also has a skill in communicating it.J.S., BRISBANE
> I just wanted to get in touch to say thanks for helping me get > through my custody and settlement. Thanks again to you and your > staff. You have had a significant positive impact in my kids’> lives!
B.S., BRISBANE
> Thank you Debra and Helen for all the work you did for me, you both > made the process manageable and brought sense to the chaos.R.B., TOOWONG
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> Thank you very much to everyone at Michael Lynch Family Lawyers. > Thank you for helping me get my life back and make a fresh start. To > have that fresh start without fear and anxiety is priceless. A.A., PERTH, Your Content Goes Here > _“Many thanks to Stephanie for her help and support through this > time, I was incredibly impressed with her work.” _ L. K., NORTH LAKES, Your Content Goes HereSUBSCRIBE TO OUR
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COMMON QUESTIONS
* How To Get Custody of a Child * Relocating with the children * Divorce and the Family FarmLATEST ARTICLES
* Do you need to document a divorce agreement?9 MARCH 2020
* Achievement Recognition for Stephanie Brown and Amy Honan9 MARCH 2020
* Child Maintenance Trusts9 MARCH 2020
* Why see a Family Lawyer?2 MARCH 2020
* Relocation to outskirts of city2 MARCH 2020
* New court process for property pools under $500,0002 MARCH 2020
FAMILY LAW SERVICES
* Adoption Lawyers Brisbane * Child Abduction Lawyers Brisbane * Adult Child Maintenance Lawyers Brisbane * Child Custody Lawyers Brisbane * Child Support Lawyers Brisbane* Court Procedures
* Divorce Lawyers Brisbane * Domestic Violence Lawyers Brisbane * Financial Agreements * International Family Lawyers Brisbane * Family Mediation Lawyers Brisbane * Property Settlement Lawyers Brisbane * Spouse Maintenance Lawyers Brisbane * Superannuation Lawyers BrisbaneCONTACT
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